P.L. 109-239: TN DCS Custodial Children Only: Per P.L. 109-239, the Receiving State ICPC Administrator has responsibility to forward the study or assessment report to the TN ICPC office within sixty (60) calendar days with or without issuing a decision for placement under the ICPC.
A study or assessment report issued under P.L. 109-239 by a Receiving State ICPC Administrator without a decision on the ICPC 100A is considered a notice of circumstances of the resource in the Receiving State.
Placement of a child in the custody/guardianship of TN DCS with the out-of-state resource based on such a study or assessment report without a decision on the ICPC 100A does not meet Departmental policy as an approved resource placement nor provides full legal or financial protections for the child as designated under the ICPC.
If the TN DCS Regional staff determines to make a placement, it will be considered in violation of Article III of the Compact and places the child “at-risk”. The receiving state is under no obligation to provide services or supervision on behalf of the child placed or resource family pursuant to ICPC.
The TN ICPC Administrator/Alternate is responsible to notify the TN DCS Regional staff of the receipt of such a study or assessment report without a decision on the ICPC 100A from the Receiving State regarding the placement of the specific child or children with the out-of-state resource. Notification is by scan/e-mail and electronically entered into TFACTS.
TN DCS Regional staff will have fourteen (14) days after receipt of a study or assessment report issued without a decision on the ICPC 100A to notify the TN ICPC Administrator/Alternate whether placement will be made or whether the ICPC Referral is being withdrawn or of their continued interest in pursuing the placement upon completion of the study and after approval on the ICPC 100A.
Placement Made (Violation of Article III): An is completed and scanned, e-mailed or mailed accompanied with a written notice to the TN State ICPC office, to the appropriate TN ICPC Administrator/Alternate. The written notice will specifically document the name of the child and date of birth, current location of the child, and name of the placement resource in the receiving state, date child was allowed to be placed, circumstances of the child’s placement, recognition statement of ICPC Violation III and “at risk” status and responsibility for the child and to the placement resource if placement disrupts. Notice is signed and dated by TN DCS Regional staff and supervisor. The TN DCS Regional staff will enter information into the TFACTS. The TN DCS ICPC Administrator/Alternate will authorize closure of the ICPC instance in TFACTS as a Violation of Article III. No further services available under the ICPC.
ICPC Referral Withdrawn: An will be completed and scanned/e-mailed or mailed to the designated TN ICPC Administrator/Alternate in the TN DCS State ICPC Office. The TN DCS Regional staff will enter information into the TFACTS. Upon receipt, the TN ICPC Administrator/Alternate will document the Withdrawal in the TFACTS and authorize the closure of the ICPC instance as “Referral Withdrawn.” The TN ICPC Administrator/Alternate will notify the Receiving State that the ICPC Referral has been withdrawn. No further services authorized under the ICPC.
The Interstate Compact on the Placement of Children Procedures Manual
Revised: January, 2012 Page 23